Page No.# 1/3 GAHC010025432025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./321/2025 SADIQUR ISLAM @ SADIKUL ISLAM S/O- ALI HUSSAIN, R/O- BEACHAMARI, MAGURMARI, P.O- BEACHAMARI, P.S- DHING, DIST NAGAON, ASSAM VERSUS THE STATE OF ASSAM AND ANR REP. BY THE PP, ASSAM 2:SABIKUN NEHAR D/O- LATE HABIBUR RAHMAN R/O- VILL- LAHKAR GHAT P.O- DHING P.S- DHING DIST- NAGAON ASSAM PIN- 78212 Advocate for the Petitioner : MR. M A I HUSSAIN, N ISLAM Advocate for the Respondent : PP, ASSAM, MR. D GOGOI (Amicus Curiae, R-2) BEFORE HONOURABLE MRS. JUSTICE MALASRI NANDI ORDER Date : 20.03.2025 Heard Mr. M.A.I. Hussain, learned counsel for the petitioner. Also heard Ms. S.H. Borah, learned Additional Public Prosecutor for the State Page No.# 2/3 and Mr. D. Gogoi, learned Amicus Curiae for the respondent No. 2. By this application filed under section 483 of the Bharatiya Nagarik Suraskha Sanhita, 2023, the accused petitioner namely, Sadiqur Islam @ Sadikul Islam, has prayed for bail in connection with Dhing P.S. No. 16/2025 under Section 420 of IPC r/w Section 15 of Protection of Children from Sexual Offence Act and r/w Section 67 of Information Technology Act. The learned counsel for the petitioner submits that the petitioner has been detained in custody since 21.01.2025. The petitioner has completed 59 days in jail jazot and only one day remaining to complete the mandatory period of detention in custody. It is also submitted by the learned counsel for the petitioner that as per birth certificate, the victim is above 18 years of age at the relevant time of the incident. Considering the background of the case as well as period of detention, bail may be granted to the petitioner. In response, Ms. Borah, learned Additional Public Prosecutor for the State as well as Mr. D. Gogoi, learned Amicus Curiae for the respondent No.2 has admitted that the victim is a major girl at the relevant time of the incident. Considering the period of detention, bail may be considered to the petitioner. I have considered the submissions made by the parties. I have also perused the case diary. Considering the background of the case as well as the length of detention of the petitioner, this Court is of the view that further custodial interrogation of the accused-petitioner is not necessary for the purpose of investigation of the case. In view of above, the petitioner, named above, shall be released on Page No.# 3/3 bail in connection with Dhing P.S. No. 16/2025 under Section 420 of IPC r/w Section 15 of Protection of Children from Sexual Offence Act and r/w Section 67 of Information Technology Act, on furnishing bail bond of Rs.50,000/- with one suitable surety of the like amount, to the satisfaction of learned Special Judge (POCSO), Nagaon, Assam. The direction for bail is further subject to the conditions that the petitioner: (a) shall not leave the territorial jurisdiction of learned Special Judge (POCSO), Nagaon Assam without prior written permission from him/her; (b) shall not hamper with the investigation, or tamper with the evidence of the case; (c) shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer. In terms of the above, this bail application stands disposed of. Return the case diary. JUDGE Comparing Assistant